What was the outcome of Tenancy Tribunal case 5054452?

The tribunal order states: Selaia David Fruean owes Kāinga Ora–Homes And Communities $12,485.57

How much money was awarded in case 5054452?

Rent Arrears: $12,485.57 awarded to landlord

What type of tenancy dispute was case 5054452?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5054452?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11192536-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5054452?

The tribunal order states: Selaia David Fruean owes Kāinga Ora–Homes And Communities $12,485.57

How much money was awarded in case 5054452?

Rent Arrears: $12,485.57 awarded to landlord

What type of tenancy dispute was case 5054452?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5054452?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11192536-Tenancy_Tribunal_Order.pdf.

89B Kokiri Crescent, Waitangirua, Porirua 5024 Tenancy Tribunal Case 5054452 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5054452 — net $12,485.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 December 2024	$12,485.57	Rent arrears to 10 December 2024
Net award	$12,485.57
Total payable by Tenant to Landlord	$12,485.57

Selaia David Fruean owes Kāinga Ora–Homes And Communities $12,485.57 (“the debt”).

Selaia David Fruean must pay rent and the debt as follows: a. By 277 weekly payments of $600.00, being $555.00 for rent and $45.00 for the debt. b. A final payment of $575.57, being $555.00 for rent and $20.57 for the debt. c. Payments will be every Friday, with the first payment on 13/12/2024 and continuing until 05/04/2030.

Payments will be allocated in the following order: rent, rent arrears

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 89B Kokiri Crescent, Waitangirua, Porirua 5024 will terminate immediately and the landlord will have possession of the premises from any date commencing 6 January 2025. b. The balance of the debt will be payable immediately.

Reasons

The Landlord attended the hearing by telephone. When the Tribunal called the Tenant, the telephone was turned off or outside the telephone range.

The landlord has applied for termination of the tenancy and rent arrears. The Landlord seeks to give one more opportunity for the Tenant to avoid termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

I am satisfied the Tenant will pay the debt within the period specified in the order. The Tenant was regularly paying the rent arrears since October 2024 and part of the reason why the rent arrears were incurred, was due to the Tenant not updating their income details with Work and Income NZ. This may have affected the amount of rent charged. The Tenant is unlikely to commit any further relevant breach. I have granted a conditional termination order.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

I note the Tribunal has made an Order for possession to occur from 6 January 2025 given the difficulties in securing alternate housing should possession occur at this time of the year.

The Landlord has requested name suppression for the Tenant however as the Tenant was not present to request this, name suppression is declined.

Order

Claims and awards in Tenancy Tribunal application 5054452 — net $12,485.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 December 2024	$12,485.57	Rent arrears to 10 December 2024
Net award	$12,485.57
Total payable by Tenant to Landlord	$12,485.57

Selaia David Fruean owes Kāinga Ora–Homes And Communities $12,485.57 (“the debt”).

Payments will be allocated in the following order: rent, rent arrears

Reasons

The Landlord attended the hearing by telephone. When the Tribunal called the Tenant, the telephone was turned off or outside the telephone range.

The landlord has applied for termination of the tenancy and rent arrears. The Landlord seeks to give one more opportunity for the Tenant to avoid termination.

Should a conditional termination order be made?

I note the Tribunal has made an Order for possession to occur from 6 January 2025 given the difficulties in securing alternate housing should possession occur at this time of the year.

The Landlord has requested name suppression for the Tenant however as the Tenant was not present to request this, name suppression is declined.

Tenancy Tribunal case 5054452 — Rent arrears at 89B Kokiri Crescent, Waitangirua, Porirua 5024

At a glance

Tenancy Tribunal case 5054452 — Rent arrears at 89B Kokiri Crescent, Waitangirua, Porirua 5024

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions